Termination of employment – extension of time – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance the Commission dismissed the appellant’s application for an extension of time for the lodgment of her application for unfair dismissal – Full Bench decision given on transcript – grounds of appeal sought to reargue the case that was put before the Commissioner and to seek an alternative outcome – Full Bench not satisfied an arguable case of appealable error relevant to discretionary decisions established – not satisfied there was a basis for finding it in the public interest that permission to appeal be granted – permission to appeal refused. Appeal by Clarke against decision of Lee C of 19 August 2015 [[2015] FWC 5371] Re: Lionel Samsom Sadleirs Group
November 26, 2015
Termination of employment – valid reason – summary dismissal – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance the Deputy President found that the employee breached the appellant’s safety policy and practices but determined that this was not a valid reason for the termination of his employment – Deputy President found there were lesser punishments open to the appellant which would have been appropriate – Full Bench found that in conflating the test for valid reason with issues of proportionality the Deputy President’s decision was affected by appealable error – it was arguable that in expressing his conclusion as to an alternative form of disciplinary action the Deputy President failed to apply the words of the statute – Full Bench considered that it was in the public interest to grant permission to appeal – permission to appeal granted – substantive appeal to be heard. Appeal by Parmalat Food Products P/L against decision of Lawrence DP of 27 August 2015 [[2015] FWC 5535] Re:Tran
November 26, 2015
Asciano Services Pty Ltd is today’s industrial ‘bete noir’ with a bevy of complainants alleging unfair dismissal (Bayant, Deering, Hill, Lucas, Pemberton, Preston, Ross, Skinner and Smith). Other employers on parade today include: Able Australia Services (Schade), Mitchell Mower Centre (Davey), Coomera Indoor Sports Pty Ltd (Kruse), ATOB Pty Ltd formerly Bhalli Amad Huss (Kumar), Limitless Ventures Toscas Pty Ltd (Rani), Trinity Anglican School (Harrison), Graham House Community Centre (Hebblewhite), Crown Equipment Pty Ltd (O’Connor), Climate Technologies Pty Ltd (Young), Academy Services Pty Ltd (Cvejic), UnitingCare Wesley Adelaide Inc (Ha), T & J Constructions Pty Ltd (Radogna), Tenison Woods College (Forbes), Serco Australia Pty Ltd (William), G8 Education Limited (Gadivinna Vithanage), EasyLift (Camilleri), Daoud Building Group Pty Ltd (Fan), Kailis Bros Pty Ltd (Horner), Sovereign Hydroseal Pty Ltd (Wilson), Taybrow Pty Ltd (Thomson), Sweet Sensation Patisserie (Moore), Sydney International Container Terminals Pty Ltd (Kelaart), Pretty Girl Fashion Group Pty Ltd (Williams), The University of Melbourne (Wu), Tetra Pak Marketing Pty Ltd (Coetzee) and Bunnings Group Limited (Jones).
November 25, 2015
Right of entry – application for permit – s.512 Fair Work Act 2009 – applications for right of entry permit for Mr Morrison – Commission considered the declarations required by s.512 of FW Act – Mr Morrison has undertaken training – Mr Morrison has not been convicted of an offence against an industrial law or been ordered to pay a penalty under an industrial law – Mr Morrison was convicted in February 2015 under the New South Wales Crimes (Domestic and Personal Violence) Act 2007 – Mr Morrison is fully compliant with the good behaviour bond given to him – Commission satisfied that Mr Morrison is a fit and proper person as required by s.513 – right of entry permit issued. Construction, Forestry, Mining and Energy Union – Construction and General Division, New South Wales Divisional Branch
November 25, 2015
Registered organisations – change of name – s.158(1) Fair Work (Registered Organisations) Act 2009 – application to change name to ‘Victorian Chamber of Commerce and Industry’ – application gazetted – no objections made or received – Commission satisfied organisation complied with Regulation 121 of the RO Regulations – change of name granted. Victorian Employers’ Chamber of Commerce and Industry
November 25, 2015
Termination of employment – high income threshold – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent argued there was no jurisdiction to hear the application because the applicant earned more than the high income threshold and was not covered by an award or agreement – applicant earned a base salary of $261,158 per annum and a work allowance of 30% of the base salary – applicant argued he was covered by an award or agreement – agreement covers employees of BHP Billiton WAIO P/L – applicant employed by BHP Billiton Iron Ore P/L – found agreement did not cover applicant’s employment – award only applies to those employed in the classifications – essential character of applicant’s job not work of the type in the indicative list – Commission not satisfied applicant’s employment was covered by the agreement or the award – application dismissed. Finch v BHP Billiton Iron Ore P/L t/a BHP Iron Ore
November 25, 2015
Termination of employment – termination at initiative of employer – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance the Commission found that the employee had been dismissed and there was no valid reason for the termination of her employment – appellant submitted that too much weight was placed on the issue of family violence committed outside the workplace, that it acted reasonably and diligently in not terminating the employment of the employee’s former partner as requested – Full Bench found no issue of general application arising from the findings at first instance, and no issue of public interest – permission to appeal refused. Appeal by Eliana Construction and Developing Group P/L against decision of Roe C of 23 July 2015 [[2015] FWC 4864] Re: Moghimi
November 25, 2015
Anti-bullying – bullied at work – s.789FC Fair Work Act 2009 – application for an order to stop bullying – Commission to consider whether there was bullying conduct, whether alleged conduct by individuals formerly in the workplace is relevant and whether various conduct was reasonable management action – multiple and interrelated allegations considered against the evidence – Commission found some unreasonable conduct occurred – Commission to consider whether conduct created risk to health and safety – jurisdiction found – Commission to consider whether orders should be made – found that there have been significant subsequent positive developments in the workplace and that present circumstances of the applicant were uncertain – Commission not presently satisfied that orders can and should be made – further submissions sought. Ms LP
